Petitioner Type: Company
Impact Date: 03/17/2005
Filed Date: 03/23/2006
Most Recent Update: 03/29/2006
Determination Date: 03/29/2006
Expiration Date: 03/29/2008
Employment and Training Administration
TA-W-59,081
CFM HOME PRODUCTS
JOPLIN, MISSOURI
Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), the Department of Labor herein presents the results of
its investigation regarding certification of eligibility to apply
for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(A) of
Section 222 have been met.
The investigation was initiated in response to a petition
received on March 23, 2006 and filed by a company official on
behalf of workers of CFM Home Products, Joplin, Missouri. The
workers at the subject firm are engaged in the manufacturing and
distribution of fireplace accessories.
The investigation revealed that production and employment
declined from 2004 to 2005 and also declined from the period of
January through February 2006 over the corresponding 2005 period.
The investigation also revealed that company imports of
fireplace accessories increased during the relevant period.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
The group eligibility criteria for the ATAA program
that the Department must consider under Section 246 of the
Trade Act are:
1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).
The Department has determined that criterion (2) has not
been met for workers at CFM Home Products, Joplin, Missouri.
The investigation revealed workers in the workers' firm
possess skills that are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with fireplace accessories produced by
CFM Home Products, Joplin, Missouri, contributed importantly to the
total or partial separation of workers and to the decline in sales
or production at that firm or subdivision. In accordance with the
provisions of the Act, I make the following certification:
"All workers of CFM Home Products, Joplin, Missouri, who
became totally or partially separated from employment on or
after March 17, 2005, through two years from the date of
certification, are eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974, and are also
eligible to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974."
I further determine that all workers CFM Home Products, Joplin,
Missouri are denied eligibility to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 29th day of March 2006.
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance